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VIC Debt from Foreign Country Through Inheritance - Can it be Pursued?

Discussion in 'Debt and Bankruptcy Law Forum' started by SP1, 15 May 2016.

  1. SP1

    SP1 Member

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    Hello to all in the forums.

    Can anyone provide help as to whether a social security debt which is part of an inheritance from outside of Australia can be pursued by that foreign country's social security agency including reclamation of the debt in the Australian court system?

    Thanks
     
  2. Rod

    Rod Well-Known Member

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    Curious about what country allows debt to be passed through to beneficiaries.

    Has a judgment been made in a court overseas? If the answer is no, then no legally recognised debt exists in Australia.

    Certainly some judgments from overseas can be enforced here but you'd probably need to see a debt/international specialist for the right advice that fits your circumstances.
     
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  3. Tim W

    Tim W Lawyer
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    Did the deceased die in Australia?
     
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  4. SP1

    SP1 Member

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    As I can attest, French inheritance laws are different to Australian ones. Social security debts can be pursued even when there is no financial gain to be had from the estate. It will be pursued from you through the french legal system even if you reside overseas. They will send documents to you via registered mail , state law courts and the sheriff's office. Options are limited to either paying the debt or renouncing the right to the inheritance. Note that the latter when done is a slow bureaucratic process, to the point where you may not receive a response that it has been actioned. Your best bet in that regards is to contact defenseurs des droits (Ombudsman of sorts) to assist
    Accueil They will want copies of all correspondence and timeline of events. This is a free service .
     
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